Activist? Sometimes Fla. lawmakers trump courts

April 4, 2012

When a leaking underground drainage system pitted roads and driveways and created sinkholes in lawns at a Winter Garden subdivision, homeowners sued the developer to cover the damage and repair costs. After conflicting rulings in lower courts, the case reached the Florida Supreme Court, which heard arguments on it in December.

But before the justices had issued a ruling, the Florida Legislature stepped in like Judge Judy and moved to decide the case — and any future ones like it — in favor of the developer.

Lawmakers often carp about being pre-empted or overruled by "activist judges." But in this case, lawmakers trumped the judges.

Lobbied by the Florida Home Builders Association, the Legislature passed a bill during this year's legislative session that invalidated the legal basis behind the homeowners' lawsuit. And lawmakers made the legislation retroactive, to include the pending case pitting the Lakeview Reserve Homeowners Association against Maronda Homes Inc., even though both House and Senate legislative analysts warned that doing so might be unconstitutional.

The bill is on its way to Gov. Rick Scott's desk. If he signs it, the Winter Garden homeowners likely will get stuck with the bill for re-engineering and repairing their subdivision's faulty drainage system, at $3,800 per house. And homeowners who find themselves in a similar predicament in the future will have fewer options in seeking compensation.

Supporters of the bill argued that home builders otherwise would be forced to raise prices to bankroll more insurance to protect themselves from lawsuits. Opponents countered, more convincingly, that homeowners shouldn't bear the cost of fixing problems they didn't cause.

The Supreme Court was poised to sort through such issues in the Winter Garden case when the Legislature changed the venue from the courtroom to the Capitol. When making their case to lawmakers rather than judges, special interests have a much better shot at influencing policy through lobbying and campaign contributions. The real estate industry dumped millions of dollars into Florida campaigns during the last election cycle.

This was not the only time this year that lawmakers tried to force their way into an ongoing court case. After Miami Dade County passed a local ordinance in 2010 barring wage theft, the Florida Retail Federation filed suit to challenge it. With the suit still pending, lawmakers introduced a bill to this year to outlaw the ordinance. The bill passed the House but died in the Senate.

Examples like these are worth remembering the next time you hear lawmakers complain about the courts invading their turf.